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Documents Not Part Of Charge-Sheet Can Be Received In Evidence For Prosecution During Trial

In BL Udaykumar v. State of Karnataka, the issue in the petition filed by the accused before the Karnataka High Court was whether the prosecution can be allowed to produce fresh documents after the commencement of the trial. The magistrate’s order allowing the prosecution’s application under Section 242(3) CrPC was assailed before the high court. It was contended by the accused that the documents so collected during further investigation could only be produced before the court along with a supplementary report and only after further investigation as specified under Section 173(8) of the Code of Criminal Procedure.

The Court however observed that the language of section 242(3) of the Code is wide enough to invest power in the Magistrate to take all the evidence produced by the prosecution in support of its case and therefore decided that the documents which are not the part of the charge-sheet could be received in evidence for prosecution after the commencement of trial.


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